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Any information contained in the National Registry of Narcotic Addicts, established under paragraph (8), shall be used only for statistical and research purposes and no name or identifying characteristics of any person who is listed in the Registry shall be divulged without the approval of the Secretary and the consent of the person concerned, except to personnel who operate the Registry. The Secretary may authorize persons engaged in research under this subsection on the use and effect of drugs to protect the privacy of individuals who are the subject of such research by withholding from all persons not connected with the conduct of such research the names or other identifying characteristics of such individuals. Persons so authorized to protect the privacy of such individuals may not be compelled in any Federal, State, civil, criminal, administrative, legislative, or other proceeding to identify such individuals."

(b) Section 507 of the Public Health Service Act (42 U.S.C. 225a) is amended(1) by striking out "available for research, training, or demonstration project grants pursuant to this Act" and inserting in lieu thereof "available under this Act for research, training, or demonstration projects grants or for grants to expand existing alcoholism or narcotic addict treatment and research programs and facilities, and appropriations available to the Secretary under the Community Mental Health Centers Act for construction and staffing of community mental health centers and alcoholism and narcotic addiction facilities", and

(2) by inserting after “Saint Elizabeths Hospital" the following: “, except that grants to such Federal institutions shall be funded at 100 per centum of the costs".

CONTROL OF ILLEGAL TRANSACTIONS IN MARIHUANA

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SEC. 4. (a) Section 201 (v) (3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(v) (3)) is amended (1) by striking out "and any other" and inserting in lieu thereof ", marihuana, and any”; and (2) by striking out and marihuana as defined in section 4761, of the Internal Revenue Code of 1954 (26 U.S.C. 4731, 4761)" and inserting in lieu thereof "of the Internal Revenue Code of 1954".

(b) Section 201 of such Act is amended by adding at the end thereof the following new paragraph:

"(y) The term 'marihuana' mean all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination."

REGISTRATION OF RESEARCH ESTABLISHMENTS

SEC. 5. Title V of the Public Health Service Act is amended by adding at the end thereof the following new section:

"REGISTRATION OF RESEARCH ESTABLISHMENTS

"SEC. 513. (a) No person may conduct any research project with an narcotic drug (as defined in section 4731 of the Internal Revenue Code of 1954) or with marihuana (as defined in section 201 (y) of the Federal Food, Drug, and Cosmetic Act) unless such research is conducted by an establishment currently registered by the Secretary under this section. Registration under this section shall be for one-year periods, and shall be renewable for like periods.

"(b) (1) No establishment may be registered under this section except pursuant to application which shall set forth

"(A) the name of the applicant;

"(B) his principal place of business;

"(C) the number or other identification of any applicable Federal, State, or local license or registration, relating to narcotic drugs or marihuana, currently held by the applicant including the number or other identification of any such Federal license or registration previously held by the applicant; "(D) procedures for accountability for drugs used in research projects of the applicant and the methods to be used and the safeguards to be instituted

against diversion of the drugs used in such projects to nonmedical or nonscientific uses; and

"(E) any other information required by the Secretary by regulations. The Secretary may not register an establishment under this section unless he determines that the applicant has established adequate procedures to provide for accountability for drugs used in research projects of the applicant and adequate methods to safeguard against diversion of such drugs to nonmedical or nonscientific uses, in accordance with regulations issued by the Secretary, with the concurrence of the Attorney General. Such regulations shall permit the conduct of double-blind studies.

"(2) Each applicant registered under this section shall before any drugs are administered to human beings under a research project of the applicant, submit to the Secretary, in such form and containing such information as the Secretary may require, a research protocol, describing the research to be conducted, listing the investigators (each of whom must be registered under section 4722 or 4753 of the Internal Revenue Code, as applicable) and their qualifications to engage in such research, and otherwise conforming to the requirements of section 505 (i) of the Federal Food, Drug, and Cosmetic Act. No such research protocol may provide for the dispensing or administration of drugs to human beings except by persons licensed to dispense or administer such drugs under applicable State laws.

“(c) (1) The Secretary may revoke or suspend the registration of any establishment granted under this section if he finds (A) that the application for such registration contains any untrue statement of material fact, (B) that research projects in such establishment are not being conducted in accordance with approved procedures or methods relating to accountability for drugs or safeguards against diversion of drugs used in such project to nonmedical or nonscientific uses, or (C) research projects involving the dispensing or administration of drugs to human beings are being conducted by persons not licensed under applicable State law to dispense or administer drugs.

"(2) Regulations of the Secretary shall provide for notice and opportunity for a hearing before revocation or suspension of registration under this section, except that upon a finding of imminent hazard to public health, such registration may be suspended or revoked prior to such hearing, but opportunity for a hearing shall be granted immediately in such cases.

TRANSFERS OF AUTHORITY

SEC. 6. The functions, powers, and duties of the Attorney General under Reorganization Plan Numbered 1 of 1968 (1) to designate a drug as a depressant or stimulant drug under section 201(v) of the Federal Food, Drug, and Cosmetic Act, (2) to make exemptions under section 511(f) of that Act, and (3) under section 511 (g) of that Act, are transferred to the Secretary of Health, Education, and Welfare.

ADVISORY COMMITTEE

SEC. 7. The Secretary of Health, Education, and Welfare shall appoint a committee of experts to advise him with respect to any of the determinations pertaining to drugs which he is required to make under amendments made by this Act. This committee shall be known as the Advisory Committee on Narcotics and Dangerous Drugs. It shall be composed of not less than twelve persons of diverse professional backgrounds, including the fields of pharmacology, psychiatry, psychology and other behavioral sciences, manufacturing, and distribution, who, in the opinion of the Secretary, qualify as experts on the subject of narcotic drugs or depressant or stimulant drugs.

AMENDMENTS RELATING TO DRUG RESEARCH IN REGULATED ESTABLISHMENTS

SEC. 8. (a) Section 4704 (b) of the Internal Revenue Code of 1954 is amended by striking out the period at the end thereof and inserting in lieu thereof "; or, and by inserting immediately below paragraph (2) the following new paragraph:

"(3) RESEARCH.-To the dispensing or administration of narcotic drugs in the course of a research project conducted by an establishment currently registered under section 513 of the Public Health Service Act, if records of the drugs so dispensed or administered are kept as required by this subpart." (b) Section 4705 (c) of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following:

"(5) RESEARCH.-To the dispensing or administration of narcotic drugs to any person in the course of a research project conducted by an establishment currently registered issued under section 513 of the Public Health Service Act. Such registrant shall keep a record of all such drugs dispensed or administered, showing the amount dispensed or administered, the date and the name and address of the person to whom such drugs are dispensed or administered, except such as may be dispensed or administered to a patient upon whom a physician, dentist, veterinary surgeon, or other practitioner shall personally attend; and such record shall be kept for a period of 2 years from the date of dispensing or administering such drugs, subject to inspection, as provided in section 4773."

(c) Section 4721 (5) of the Internal Revenue Code of 1954 is amended by striking out "research, instruction, or analysis" and inserting in lieu thereof "instruction or analysis, or for the purpose of research by an establishment currently registered under section 513 of the Public Health Service Act,".

(d) Section 4742(b) of the Internal Revenue Code of 1954 amended by adding at the end thereof the following:

"(6) RESEARCH PROJECTS.-To a transfer of marihuana to or by a person in the conduct of a research project conducted by an establishment currently registered under section 513 of the Public Health Service Act. Such registrant shall keep a record of all such marihuana used in such project, showing the amount used and the name and address of the person using such marihuana, and such record shall be kept for a period of 2 years from the date of such use, and the subject to inspection as provided in section 4773."

(e) Section 4751 (4) of the Internal Revenue Code of 1954 is amended by striking out "research, instruction, or analysis" and inserting in lieu thereof "instruction or analysis, or for the purpose of research by an establishment currently registered under section 513 of the Public Health Service Act,”.

AMENDMENTS RELATING TO TRANSFER OF FUNCTIONS

SEC. 9. (a) The Internal Revenue Code of 1954 is amended as follows: (1) Sections 4702(a) (1) is amended by inserting ", with the concurrence of the Secretary of Health, Education, and Welfare,” immediately after "the Secretary or his delegate" where it appears after subparagraph (B).

(2) Sections 4702(a)(3) and 4702(a) (5) are each amended by inserting ", with the concurrence of the Secretary of Health, Education, and Welfare," immediately after "the Secretary or his delegate" where it appears in those sections. (3) Section 4705(c) (2) (C) is amended by inserting ", with the concurrence of the Secretary of Health, Education, and Welfare," immediately after "the Secretary or his delegate".

(4) Sections 4731(g) (1) and 4731(g) (2) are each amended by striking out "(after considering the technical advice of the Secretary of Health, Education, and Welfare, or his delegate, on the subject)" and inserting in lieu thereof in each such section", with the concurrence of the Secretary of Health, Education, and Welfare,".

(b) Section 2(b) of the Narcotic Drugs Import and Export Act (21 U.S.C. 173) is amended by striking out "the board” and inserting in lieu thereof "the Attorney General, with the concurrence of the Secretary of Health, Education, and Welfare,".

(c) Section 10(a) of the Opium Poppy Control Act of 1942 (21 U.S.C. 1881) is amended by inserting ", with the concurrence of the Secretary of Health, Education, and Welfare," immediately after "to provide".

(d) The Narcotics Manufacturing Act of 1960 is amended as follows: (1) The second sentence of section 5(b) (21 U.S.C. 503) is amended by inserting ", with the concurrence of the Secretary of Health, Education, and Welfare," immediately after "The Secretary or his delegate".

(2) The second sentence of section 5(d) is amended by inserting "but with the concurrence of the Secretary of Health, Education, and Welfare" immediately after "in his direction".

(3) Section 6 (21 U.S.C. 504) is amended by inserting ", with the concurrence of the Secretary of Health, Education, and Welfare," after "Secretary or his delegate" the first and third time it appears.

(4) Section 7(b) (21 U.S.C. 505(b)) is amended by inserting immediately after "if the Secretary or his delegate" the following: ", with the concurrence of the Secretary of Health, Education, and Welfare,".

(5) Paragraph (1) of section 8(a) (21 U.S.C. 506(a)) is amended by striking out "which will produce" and inserting in lieu thereof "which the Attorney General, with the concurrence of the Secretary of Health, Education, and Welfare determines will produce".

(6) Section 8(d) is amended by inserting immediately after "holds a license under subsection (a)," the following: "or any establishment conducting research in which is currently registered under section 513 of the Public Health Service Act.".

(7) Section 11(a) (21 U.S.C. 509) as amended by inserting ", with the concurrence of the Secretary of Health, Education, and Welfare," immediately after "the Secretary or his delegate".

(8) Section 11(b) is amended by inserting ", with the concurrence of the Secretary of Health, Education, and Welfare," immediately after "the Secretary or his delegate" the first time it appears in that section.

(e) Section 302(a) of the Public Health Service Act (42 U.S.C. 242(a)) is amended

(1) by inserting "depressant or stimulant drugs and" before "narcotics" in the first sentence;

(2) by striking out "the use and misuse of narcotic drugs," in the first sentence and inserting in lieu thereof “(1) the use and misuse of depressant or stimulant drugs and narcotic drugs, and (2)"; and

(3) by striking out "the Secretary of the Treasury, to be used at his discretion" in the second sentence and inserting in lieu thereof "the Attorney General, with the concurrence of the Secretary of Health, Education, and Welfare, to be used".

[H.R. 13743 and H.R. 14774, 91st Cong., 1st Sess., introduced by Mr. Staggers (for himself and Mr. Springer) on September 11, 1969, and Mr. Bob Wilson on November 12, 1969, respectively, are identical as follows:]

A BILL To protect the public health and safety by amending the depressant, stimulant, and hallucinogenic drug laws, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, with the following table of contents, may be cited as the "Controlled Depressant and Stimulant Drugs Act of 1969". TITLE I-FINDINGS AND DECLARATION, AND DEFINITIONS

Sec. 101. Findings aud declaration.

Sec. 102. Definitions.

TITLE II-STANDARDS AND SCHEDULES

Sec. 201. Authority to control.

Sec. 202. Schedules of controlled substances: Schedules I through IV. criteria and lists. Sec. 203. Excluded substances.

TITLE III-REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING OF CONTROLLED DANGEROUS SUBSTANCES

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Sec. 503. Prohibited acts C-penalties.

Sec. 504. Attempt and conspiracy.

Sec. 505. Additional penalties.

Sec. 506. Distribution to persons under age eighteen.

Sec. 507. Conditional discharge for possession as first offense.
Sec. 508. Second or subsequent offenses.

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TITLE VI-ADMINISTRATIVE PROVISIONS

Sec. 601. Delegation of authority-rules, regulations, and procedures-bequests and gifts. Sec. 602. Education and research.

Sec. 603. Cooperative arrangements.

Sec. 604. Scientific Advisory Committee.

Sec. 605. Administrative hearings.
Sec. 606. Subpenas.

Sec. 607. Judicial review.

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SEC. 101. The Congress finds and declares that many of the drugs included within this Act have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.

The Congress, however, finds and declares that the illegal importation, manufacture, distribution, possession, and improper use of controlled dangerous substances have a substantial and detrimental effect on the health and general welfare of the American people.

The Congress finds and declares that a major portion of the traffic in controlled dangerous substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce.

(a) After manufacture, many controlled dangerous substances flow through interstate commerce.

(b) Substances distributed locally commonly flow through interstate commerce immediately prior to such distribution.

(c) Substances possessed commonly flow through interstate commerce immediately prior to such possession.

(d) Local distribution and possession of controlled dangerous substances contribute to swelling the interstate traffic in such substances.

(e) Substances manufactured and distributed intrastate cannot be differentiated from substances manufactured and distributed interstate; thus, it is not feasible to distinguish, in terms of controls, between substances manufactured and distributed interstate and substances manufactured and distributed intrastate.

The Congress finds and declares that Federal control of the primarily intrastate incidents of the traffic in controlled dangerous substances is essential to the effective control of the interstate incidents of such traffic.

SEC. 102. As used in this Act:

DEFINITIONS

(a) "Addict" means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.

(b) "Administer" means to deliver, by a practitioner, in his presence, a controlled dangerous substance to the ultimate user or human research subject by injection, or for inhalation, or ingestion, or by any other means.

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